I need some advice

[kar0320]

Hello everyone, i am seeking advice.

my bf filed for for u visa 7/2014 they recently requested rfe. When he first filed for u visa were only dating at the time but now three years later we have moved in together and welcomed our first child and plan on getting married next month. I never thought this process was gonna take a long time.

Should i file a petition for him through spouse, after we are married or should i just waited out and see what happens, i have been searching on line and talking to diff attorneys to see if maybe he can have two cases with immigration.

[Prince]

You didn't mention wether you are USC or PR. Regardless of the case outcome I suggest you go ahead with your marriage plans and apply for his AOS or derivative visa depending on your status. One can be on more than one status same time or apply for another being on the other. I would rather prefer family based AOS to U visa because of its endless waiting period. Presumed he is approved DA in couple of months chances of getting U visa is in 2019 and thereafter 3 years for filing AOS. Choice is yours, nevertheless I would suggest you to consult a good lawyer before you make any choice
I am not a legal expert, it's just my opinion. Please use your discretion and wisdom in making any decision.

[kar0320]

I am USC, thank you for your advice, will do more research.

[may2016]

What was the Ref about? Can you comply and produce the documents they requested?

How did your boyfriend come in to USA? Visa or crossed the border without inspection?
All these play a role in making a descision.

[kar0320]

They want statements from people who were present at the time of the incident. We are also requesting medical rec.
He crossed the border without inspection, he has never been in trouble with the law.

[Prince]

I am USC, thank you for your advice, will do more research.

You are welcome.
It's more easier and less complicated for USCs to file for spouses.

[may2016]

If I was in your situation, I would marry and wait to see the resolution of the U application. As an immigrant who entered without inspection to acquire PR through marriage, may take a long time and he must return to home country and re-enter with a valid visa. That might take a long while.

[Prince]

If I was in your situation, I would marry and wait to see the resolution of the U application. As an immigrant who entered without inspection to acquire PR through marriage, may take a long time and he must return to home country and re-enter with a valid visa. That might take a long while.

Yes, you are right. I missed out on inspection factor. It could raise red flag for fraudulent marriage based AOS